India world's largest Vaccine producer and global supplier by volume: MoS (See 'Corp Brief') PBPT - Transfer of funds by beneficial owner to purchase properties in names of relatives without demonstrable loan agreements or independent source of income is classic benami transaction under the Act: SAFEMA Tribunal (See 'Legal Desk') Mizoram's Railway Lifeline completes One Year of Success (See 'Corp Brief') FEMA - Financial difficulties do not excuse non-compliance with mandatory FEMA requirements - Funds received via FDI cannot be utilised or diverted for purposes other than those for which they were received: SAFEMA Tribunal (See 'Legal Desk') Expanding coal production and infrastructure while widening opportunities in Central India (See 'Corp Brief') FEMA - Penalties under FEMA are civil in nature & may be imposed for technical or procedural contraventions without requiring proof of mens rea: SAFEMA Tribunal (See 'Legal Desk') Cochin Shipyard Ltd and Drydocks World Form JV To strengthen India's Ship Repair Industry (See 'Corp Brief') FEMA - Non-issue of shares against the full amount of FDI received constitutes contravention of applicable provisions of FEMA & regulations framed thereunder: SAFEMA Tribunal (See 'Legal Desk') Next Subscription Economy may arrive with Telecos monthly bills (See CORP EINSICHT) BRICS Bharat Innovates Exposition: 37 Indian Deep Tech Innovators participating (See 'Corp Brief') India's Coastline offers significant Potential for Marine Resources MoS (See 'Corp Brief') State Govets should assess current utilisation of cess funds: Mandaviya (See 'Corp Brief') Union Minister to participate in G20 Energy Abundance Ministerial Meeting in Houston (See 'Corp Brief') BEE showcases Electric Cooking Solutions for transition from LPG to Electricity (See 'Corp Brief') SARFAESI - Section 14(2) enables secured creditor to seek compliance with possession order - writ remedy not maintainable where this option is not exhausted first: HC (See 'Legal Desk') Dryland Congress 2026: Breeding, Climate Resilience and Nutrition take Centre Stage on Day One (See 'Corp Brief') MoS inaugurates Technology Centre at Devanahalli, Bengaluru (See 'Corp Brief') FEMA - Penalty cannot be imposed on company for delayed submission of Form FC-GPR where delay is entirely attributable to negligence & admitted administrative failure of its authorised dealer bank in transmitting timely submitted documents to RBI: SAFEMA (See 'Legal Desk') ASEAN and India advance cooperation on Climate-Resilient Agriculture & Digital Innovation (See 'Corp Brief') Bihar and West Bengal to inaugurate Labour Chowk-cum-Facilitation Centres (See 'Corp Brief') Companies Act - Issuance of order by a central authority stationed in New Delhi does not, per se, confer territorial jurisdiction or constitute a substantial part of cause of action when underlying subject matter has its closest nexus with another jurisdiction: HC (See 'Legal Desk') Digital India BHASHINI advances Multilingual AI for Inclusive Digital Governance (See 'Corp Brief') India must leverage Latest Technologies for Forest Assessment: Yadav (See 'Corp Brief') Trade Marks - Order rejecting registration of trade marks is invalid where no reasoning whatsoever is given, thereby showing complete non-application of mind: HC (See 'Legal Desk') MoS lays bricks for BEDF Basmati and Organic Training Centre in Pilibhit (See 'Corp Brief') DRI seizes 740 kg cannabis and charas in operations across country (See 'Corp Brief') Competition Act - Allegations of anti-competitive agreements and abuse of dominant position cannot be sustained on basis of information which is generic, speculative, lacking in foundational facts & not backed by cogent evidence: CCI (See 'Legal Desk')

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

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